Italian influencers must now register with AGCOM Transparency, child protection, and penalties of up to €600,000 for those who do not comply with the new regulations

Index:

• 1. The birth of a profession to be regulated

• 2. The new AGCOM register of «relevant influencers»

• 3. Transparency, protection, and sanctions

For about two years now, Italy has been trying to find a framework for the influencer profession, a professional figure that has emerged over the past decade. Until recently, the only laws that content creators in the Bel Paese had to follow were those concerning copyright and commercial communication (essentially, laws originally created for television). After France, Italy has also decided to fully regulate this new occupation.

In January 2024, it was announced that AGCOM (the Communications Authority) would draft a plan that influencers with a total of 1 million followers and generating reactions on at least 2% of their content would have to comply with. Last week, AGCOM published on its website a registration form for the register of «relevant influencers.»

According to the authority, these are individuals with at least 500,000 followers (counted on the 30th day before submitting the form) or 1 million average monthly views (calculated over the six months prior to the submission date) on at least one of the social media or video-sharing platforms used.

Over the past two years, the Italian influencer world has faced turmoil from all sides: many creators have ended up under public criticism, including the well-known Chiara Ferragni and Anna Dello Russo. The former was the unfortunate protagonist of the Pandoro Gate scandal, while the latter won a legal dispute with the Revenue Agency regarding the deductibility of clothes, jewelry, and accessories she has always considered tax-deductible because they are «functional to her professional activity.»

The Code of Conduct published by AGCOM for content creators aims to ensure transparency and fairness in the digital market. Influencers who must register will be obliged to ensure advertising transparency but will also have to follow new rules on child protection and non-discrimination. Those who do not comply with the new regulations may face severe penalties, with fines ranging from €10,000 to €250,000 for undeclared advertising and from €30,000 to €600,000 for violations related to child protection.

Takeaway

• Regulated profession: after years of debate, Italy has decided to officially recognise and regulate the work of influencers, aligning itself with other European countries such as France.

• AGCOM register: influencers with over 500,000 followers or 1 million monthly views must register in the list of “relevant influencers” and comply with a new Code of Conduct.

• Transparency and sanctions: the new rules aim to protect consumers and minors; violations may result in heavy fines of up to 600,000 euros.